Merck's HIV Breakthrough Secures Patent Protection
Merck's HIV Breakthrough Secures Patent Protection
Landmark Decision Paves Way for Innovative HIV Treatments
Merck Sharp & Dohme LLC secures a significant patent victory in India for its novel 4-substituted nucleoside derivatives targeting mutant HIV strains. The patent application, No. 201617031899, was challenged by Sankalp Rehabilitation Trust on multiple grounds, including lack of novelty, inventive step, and non-patentability, during the hearing held on January 23, 2025, under Section 25(1).
The opponent, Sankalp Rehabilitation Trust, raised several objections, arguing that the subject matter of the patent application is not novel and is anticipated by prior art, lacks an inventive step, and does not meet the criteria of patentable subject matter. However, after a thorough examination, the Controller waived off the objections and decided to grant the patent in accordance with Section 15 of The Patents Act, 1970.
The decision marks a significant triumph for Merck in the HIV drug battle and underscores its commitment to innovation and intellectual property protection in the fight against HIV.
In this case, the applicant, Merck Sharp & Dohme LLC was represented by team Anand & Anand led by Ms. Archana Shanker, Sh. Devinder Singh Rawat, and Ms. Vashima Miglani, Advocates. Meanwhile the opponent was represented by Sh. G. Deepak Sriniwas and Dr. Shyam Ji Gupta, Advocates.
